I have a lien on a property that sold fsbo 2nd owner discovered it and doesn't want to pay in e

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I'm not clear on what exactly the title company means by saying that you are the trustee and the lien holder. In a Deed of Trust, there are three parties: the trustor (i.e. borrower), the trustee (the person or entity that holds the property in trust until the terms of the deed of trust are fulfilled), and the beneficiary (the one who loans the money). If they're saying that you are both the beneficiary and the trustee, then you do not have a deed of trust, you basically have a mortgage, which are not permissable in some states. Perhaps this title company is using a different set of terminology than I'm used to, but this could be a problem. So I strongly recommend talking to a real estate attorney.

I hope this works out for you, Good luck!

I have a lien on a property that sold fsbo 2nd owner discovered it and doesn't want to pay in escrow?

Ok, lots of chaff in your question.

The bottom line is the lien is on the property. It stays on the property until paid or released.

If the new owner has title insurance (which deosn't sound like it) then he would ask them to pay b/c they missed it on the sale.

If no, the new owner is liable, or the property is liable, and you can sue to force a forclosure sale to get your due.

The new owner would then sue the person who sold the house to them.

Get a real estate lawyer.



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